HB4768 96TH GENERAL ASSEMBLY

LRB096 15656 JDS 30892 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4768

Introduced 1/11/2010, by Rep. Elaine Nekritz

SYNOPSIS AS INTRODUCED:

See Index

Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Creates the State Transportation Policy Committee. Requires the Department of Transportation, with the advice of the Committee, to develop a statewide transportation plan that meets certain requirements (now, the Department, without consultation, develops a statewide plan). Authorizes the Department to choose projects and programs for inclusion in the statewide plan. Requires selected programs and projects to be consistent with the statewide plan. Authorizes the Committee to determine by resolution whether selected programs and projects are consistent with the statewide plan. Provides for the amendment of programs that are inconsistent with the statewide plan. Requires the Department to publish statewide annual and multiyear transportation improvement programs by certain dates. Authorizes the Department to allocate certain funds for surface transportation capital programs in accordance with the annual and multiyear improvement programs. Requires each MPO to prepare and adopt regional annual and multiyear transportation improvement programs for submittal to the Department and the Committee by certain dates. Provides that the transportation improvement program the Department is required to develop under a federal law may include only projects that an MPO or the Department has prioritized for inclusion in a regional or statewide program. Provides for the public's participation in and the Committee's evaluation of the transportation planning process. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by changing Sections 2705-5 and 2705-200 and by adding Sections 2705-2, 2705-176, 2705-177, 2705-201, 2705-219, 2705-220, 2705-221, 2705-222, and 2705-223 as follows:

(20 ILCS 2705/2705-2 new)

Sec. 2705-2. Purpose and scope. The purpose of this Law is to ensure that transportation investments in the State of Illinois enhance State and local economic development and the quality of life for Illinois residents. It is the intent of the General Assembly to provide greater transparency, full and careful consideration of investments on the merits, and accountability for results that will give the public confidence that tax dollars are being used effectively for transportation projects and that limited funds are allocated to achieve the best outcomes. To that end, all surface transportation capital moneys appropriated by the State, including but not limited to, appropriations from the Road Fund, the State Construction Account Fund, transportation bonds, and federal funds, to the extent allowed by federal law, shall be allocated based on the State and MPO plans and the annual and multiyear transportation improvement programs prescribed by this Law. This Law does not apply to (i) any grant programs administered by the Department of Natural Resources, (ii) any funds administered by the Department of Commerce and Economic Opportunity that support local transportation improvements as part of an economic development project, or (iii) any moneys distributed to local government entities pursuant to item (2) of subsection (e) of Section 8 of the Motor Fuel Tax Law.

(20 ILCS 2705/2705-5)

Sec. 2705-5. Definitions. In this Law:

"Committee" means the State Transportation Policy Committee established by this Law.

"Department" means the Department of Transportation.

"District" means the 9 districts of the State of Illinois established by the Department for its administrative purposes and statutorily authorized activities.

"Downstate MPO" means an MPO whose metropolitan planning boundaries are entirely outside of Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.

"MPO" means a metropolitan planning organization designated under 23 U.S.C. 134 whose metropolitan planning area boundaries are partially or completely within the State.

"Project of interregional or statewide significance" means a surface transportation corridor or project that links major State destinations in support of the State's economy as designated by the Department with the advice of the Committee.

"Regional programs" means the regional annual and multiyear transportation improvement programs established under this Law.

"Secretary" means the Secretary of Transportation.

"Statewide programs" means the statewide annual and multiyear transportation improvement programs established under this Law.

"Surface transportation" means roadway, bridge, public transportation, rail, trail, walkway, bicycle, and intermodal facilities.

"Surface transportation capital project" or "project" means a capital project for the maintenance, improvement, acquisition, or new construction of surface transportation facilities, including facilities or improvements ancillary to surface transportation facilities.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-176 new)

Sec. 2705-176. State Transportation Policy Committee; creation; members; terms.

(a) A State Transportation Policy Committee is created. The Committee shall perform the duties enumerated in this Law. The Committee members shall each represent the State as a whole and balance the needs of urban and rural areas of the State. The Committee shall consist of 13 voting members and 8 non-voting members, all of whom must be residents of the State of Illinois, as follows:

(1) 6 members from Cook, DuPage, Kane, Kendall, Lake, McHenry, or Will County appointed by the Chicago Metropolitan Agency for Planning Board, no more than 3 of whom may be members of such Board.

(2) 3 members appointed by the Downstate MPOs through the concurrence of at least three-fifths of the chairpersons of the Downstate MPOs.

(3) 3 members who are representatives of areas of the State not within a metropolitan planning area, appointed by the Governor.

(4) The Secretary of the Department of Transportation or his or her designee, who shall serve as the chairperson of the Committee.

(5) The Speaker and Minority Leader of the House of Representatives and the President and Minority Leader of the Senate, or the designee of each, shall be ex officio non-voting members.

(6) The chairperson of the Illinois State Toll Highway Authority, or his or her designee, shall be an ex officio non-voting member.

(7) The Department's Director of Highways, Director of Planning and Programming, and Director of Public and Intermodal Transportation, or the designee of each, shall be ex officio non-voting members.

(b) The terms of the members initially appointed to the Committee shall begin within 60 days after the effective date of this amendatory Act of the 96th General Assembly. Appointed committee members shall hold office for a term specified in this subsection (b) or until successors are appointed. The terms of the initial appointed committee members shall expire as follows: the terms of 3 members appointed by the Chicago Metropolitan Agency for Planning Board, one member appointed by the Downstate MPOs, and 2 members appointed by the Governor for areas of the State not within a metropolitan planning area shall expire on December 31, 2011; the terms of the remaining 3 members appointed by the Chicago Metropolitan Agency for Planning Board, 2 members appointed by the Downstate MPOs, and one member appointed by the Governor from areas of the State not within a metropolitan planning area shall expire December 31, 2013. The successors of the initial appointed committee members shall hold office for a term of 4 years. To comply with this provision, the appointing authority shall specify the term for each appointment.

(c) Vacancies shall be filled by the appointing authority for the unexpired portion of the terms in which they occur.

(d) Each appointing authority shall give notice of its Committee appointments to each other appointing authority, to the Committee, to the Secretary of State, and to the Secretary of Transportation. Within 30 days after his or her appointment and before entering upon the duties of the office, each Committee member shall take and subscribe to the constitutional oath of office and file that oath with the Secretary of State.

(e) Members of the Committee shall serve without compensation, but shall be reimbursed by the Department for their travel to and from meetings and other reasonable expenses in connection with meetings, if those expenses are approved by the Department.

(20 ILCS 2705/2705-177 new)

Sec. 2705-177. Committee meetings; officers.

(a) The Secretary of Transportation shall convene the first meeting within 90 days after the effective date of this amendatory Act of the 96th General Assembly. At that time and annually thereafter, the Committee shall elect one of its voting members as vice-chairperson to preside in the absence of the chairperson.

(b) Regular meetings of the Committee shall be held at least 3 times each year. The time and place of Committee meetings shall be fixed by resolution of the Committee. The Committee shall be deemed a public body for purposes of the Open Meetings Act. The Committee shall maintain records in accordance with the provisions of the State Records Act. A majority of voting members of the Committee shall constitute a quorum. The affirmative vote of a majority of the voting members of the Committee shall be required to approve recommendations related to a State transportation plan or statewide program.

(c) The Committee shall adopt its own rules of procedure.

(d) The Department shall provide staff assistance and office space for the Committee. The Department shall prepare all plans, reports, and documents needed to enable the Committee to review and make recommendations related to the statewide plans and programs and otherwise to fulfill its responsibilities. The necessary expenses of the Committee shall be provided through the Department.

(20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)

Sec. 2705-200. State transportation plan Master plan; reporting requirements.

(a) The Department, with the advice of the Committee, shall has the power to develop and maintain a continuing, comprehensive, and integrated planning process that shall develop and periodically revise a State transportation plan statewide master plan for transportation to guide program development and to foster efficient and economical transportation services in ground, air, water, and all other modes of surface transportation throughout the State. The Department shall coordinate its transportation planning activities with those of other State agencies and authorities and shall coordinate supervise and review any transportation planning performed by other Executive agencies under the direction of the Governor. The Department shall cooperate and participate with federal, regional, interstate, State, and local agencies, in accordance with Sections 5-301 and 7-301 of the Illinois Highway Code, and with interested private individuals and organizations in the coordination of plans and policies for development of the state's transportation system.

To meet the provisions of this Section, the Department, in consultation with the Committee, shall prepare, subject to the review of the Governor, publish and deliver to the Governor and General Assembly by December 31, 2011 and at intervals not to exceed every 5 years, January 1, 1982 and every 2 years thereafter, its State transportation master plan for surface transportation systems. Not less than 60 days prior to submission to the Governor and General Assembly, the Department shall submit the plan to the Committee. Within 30 days after submission of the plan by the Department, the Committee shall recommend revisions. If the Committee recommends revision of the plan, the Department shall, within 30 days, either revise the plan to address the Committee's recommendations or provide a written explanation to the Committee for not revising the plan. The Committee's recommendation and any Department response thereto shall be included with the plan filed with the Governor and General Assembly highway, waterway, aeronautic, mass transportation, and railroad systems. The plan shall identify priority subsystems or components of each system that are critical to the economic and general welfare of this State regardless of public jurisdictional responsibility or private ownership.

The State transportation plan shall set forth goals, objectives, performance measures, and criteria that may provide the basis for selecting projects for inclusion in the annual and multiyear transportation improvement programs. It may examine policies, strategies, opportunities, and challenges.

The State transportation plan shall set forth goals and objectives designed to assure the development and maintenance of a comprehensive and balanced statewide transportation system. Goals may include, but are not limited to, maintaining a state of good repair, lowering travel times, reducing traffic congestion, decreasing vehicle emissions, improving air quality, protecting the environment, reducing transportation costs, encouraging the effective use of pricing and other demand management strategies, improving safety, encouraging economic growth, supporting the greater use of alternative transportation opportunities, such as walking and biking, and establishing other goals that advance an adequate, efficient, and coordinated transportation system.

The State transportation plan may establish performance measures addressing the adequacy, efficiency, and coordination of transportation services and the implementation of goals and objectives. It may include transportation policies that reflect the relationship of transportation to land use, economic development, the environment, air quality, and energy consumption; foster the efficient movement of people and goods; coordinate modes of transportation; coordinate planning among federal agencies, State agencies, transportation agencies, and local governments; and address the safety and equity of transportation services. It may include priorities, challenges, and strategies for improvement. The State transportation plan shall incorporate the adopted regional transportation plans, prepared by each MPO pursuant to Section 2705-201, based on the state transportation plan's criteria and performance measurements.

The State transportation plan shall include criteria by which proposals for capital improvements may be evaluated and prioritized for inclusion in the statewide programs. The criteria shall be designed to advance the goals and objectives established in the State transportation plan. The criteria may include but not be limited to the following categories:

(1) objective transportation criteria, such as system maintenance, efficiency, safety, and intermodal connectivity;

(2) economic development criteria, such as job creation and retention, inclusion of transit oriented development, and cost effectiveness;

(3) environmental criteria, such as reduced emissions;

(4) population affected by the project; and

(5) financial criteria, such as life-cycle cost, return on investment, effect on transportation costs, and effective leveraging of private capital.

The State transportation plan shall include a description of the criteria and performance measures developed by the Department to prioritize proposals for inclusion in the statewide program pursuant to subsection (c) of Section 2705-220.

The master plan shall provide particular emphasis and detail of at least the 5-year period in the immediate future.

Annual and 5-year, or longer, project programs for each State system in this Section shall be published and furnished the General Assembly on the first Wednesday in April of each year.

Identified needs included in the project programs shall be listed and mapped in a distinctive fashion to clearly identify the priority status of the projects: (1) projects to be committed for execution; (2) tentative projects that are dependent upon funding or other constraints; and (3) needed projects that are not programmed due to lack of funding or other constraints.

All projects shall be related to the priority systems of the master plan, and the priority criteria identified. Cost and estimated completion dates shall be included for work required to complete a useable segment or component beyond the period of the program.

(b) The Department shall publish and deliver to the Governor and General Assembly by December 31, 2012 and at intervals not to exceed every 5 years thereafter a master plan and 5-year program for aeronautics. on the first Wednesday in April of each year a 5-year, or longer, Highway Improvement Program reporting the number of fiscal years each project has been on previous plans submitted by the Department.

(c) (Blank) The Department shall publish and deliver to the Governor and the General Assembly by November 1 of each year a For the Record report that shall include the following:

(1) All the projects accomplished in the previous fiscal year listed by each Illinois Department of Transportation District.

(2) The award cost and the beginning dates of each listed project.

(Source: P.A. 94-91, eff. 7-1-05.)

(20 ILCS 2705/2705-201 new)

Sec. 2705-201. Regional transportation plans. Each MPO shall develop a regional transportation plan that includes:

(1) Criteria by which proposals for capital improvements will be evaluated for inclusion in the regional programs. Each MPO may adopt the criteria listed in the State transportation plan or may propose alternative criteria. Alternative criteria shall be submitted to the Department and Committee for review and comment. The criteria shall be designed to advance the goals and objectives established by the Department's State transportation plan and the MPO through its regional transportation planning process.

(2) A description of the measurement system and process the MPO will use to prioritize proposals for inclusion in the regional programs.

The regional transportation plan shall meet all federal requirements, regulations, and laws pursuant to federally required metropolitan transportation plans. The regional transportation plan shall be submitted to the Department upon completion for incorporation, as much as practical, in the State transportation plan.

(20 ILCS 2705/2705-219 new)

Sec. 2705-219. Program outreach; funding estimates, allocation, and recommendations.

(a) Program Outreach. No later than September 30 of each year, the Department, through each of its District offices, shall hold a program development meeting open to the public with all key regional and local agencies and officials to review current annual and multi-year Programs, to present projected information on district road and bridge conditions, and to solicit input on key highway system improvements and priorities. At least 5 days before holding a program development meeting, notice of the meeting shall be posted on the Department's website and separately delivered to, at a minimum, all MPOs, mass transit districts, County Highway Engineers, and all municipalities outside MPO regions with populations greater than 10,000 inhabitants in the District jurisdiction. A record of the proceedings must be taken and produced for public review. No later than November 30 of each year, each district shall deliver to the committee a summary analysis of the program development outreach meeting and attach all written proposals, recommendations, and comments by counties, municipalities, mass transit districts, other local governments, MPOs, and members of the General Assembly. This summary shall be included in the written record for public involvement documentation as required by Federal and State law.

(b) Annual funding estimates. The Department, with the advice of the Committee, shall annually establish a 5-year estimate of all federal and State funds reasonably expected to be available for surface transportation capital programs during each of the following 5 fiscal years.

(c) System needs estimates. No later than March 1 of each year, the Department shall provide the Committee with the most current assessments of State highway road and bridge needs for the State as a whole and for each Department district.

(d) Funding allocation. The Department may allocate the State and federal funds estimated to be available for surface transportation capital programs in accordance with the annual and multiyear improvement programs prescribed by this Law, as follows:

(1) Any State and federal funds designated by law for specific surface transportation purposes or specific geographic areas shall be allocated, in accordance with law, for those specific purposes or areas.

(2) The Department, with the advice of the Committee, may for each 5-year program set percentage allocations for each of the criteria in the State transportation plan. Funding allocations may be based upon their percentage share of need as defined by the criteria.

(e) Not less often than once every 2 years, the Committee shall review and evaluate the funding allocations and make recommendations for changes to the Department, General Assembly, and the Governor.

(f) The Committee shall evaluate available transportation funding sources and make recommendations to the Department, General Assembly, and the Governor regarding the raising of adequate and sustainable revenues for transportation.

(20 ILCS 2705/2705-220 new)

Sec. 2705-220. Annual and multiyear transportation improvement programs.

(a) Preparation guidelines. The Department, with the advice of the Committee, shall develop guidelines for preparation of the regional and statewide programs.

(b) Statewide annual and multiyear transportation improvement programs. The Department shall publish and submit to the Governor, the General Assembly, and the Committee, no later than April 4, 2012 and the first Wednesday of April of every year thereafter, an annual and 5-year schedule of all surface transportation improvement projects and their anticipated costs. These schedules are designated as the statewide annual and multiyear transportation improvement programs. The Department shall be responsible for the planning and programming of its funds for all areas of the State.

(1) The statewide programs shall include projects and programs proposed to be funded, in whole or in part, by State or federal funds and shall consist of the following:

(A) The Department shall choose projects for inclusion. The Department, counties, municipalities, mass transit districts, other local governments, MPOs, and members of the General Assembly may nominate or recommend projects for the statewide programs.

(B) The Department shall identify projects of interregional or statewide significance for inclusion. The Department, counties, municipalities, mass transit districts, other local governments, MPOs, and members of the General Assembly may nominate or recommend projects of interregional or statewide significance for the statewide programs.

(2) All projects shall be consistent with the adopted State transportation plan. The Department shall demonstrate how such projects advance the goals and objectives of the adopted State transportation plan.

(3) No later than 30 days after publication of the surface transportation improvement program, the Committee shall, by resolution, either (i) determine that the statewide programs are consistent with the adopted State transportation plan or (ii) determine that all or any portions of the statewide programs are not consistent with the adopted State transportation plan, including within the resolution an explanation for any such determination. Individual Committee members may prepare a written statement indicating their disagreement with the resolution adopted by the Committee. The Committee's resolution and any written statements prepared by individual members shall be published and delivered to the General Assembly and the Governor with the statewide programs.

(4) Within 30 days after the adoption of the Committee's resolution pursuant to paragraph (3) of subsection (b) of this Section, an MPO may amend its regional program included within the statewide programs for the sole purpose of addressing a Committee determination that the program is not consistent with the adopted State transportation plan. Within 30 days after the adoption of the Committee's resolution pursuant to paragraph (3), the Department may amend any portion of a statewide program prepared by the Department for the sole purpose of addressing a Committee determination that such portion of a program is not consistent with the adopted State transportation plan. Any amendments shall be published and delivered to the Committee, General Assembly, and Governor.

(c) Regional annual and multiyear transportation improvement programs. After consultation with the Department, each MPO shall prepare and adopt an annual and 5-year schedule of all regional transportation improvement projects and their anticipated costs. These schedules shall be known as the regional annual and multiyear transportation improvement programs. The regional programs shall be submitted to the Department and the Committee no later than August 31, 2012 and August 31 of every year thereafter.

(1) The regional programs shall include projects and programs within the MPO's jurisdiction proposed to be funded, in whole or in part, by federal funds.

(2) Counties, municipalities, mass transit districts, other local governments, the Department, and members of the General Assembly may nominate or recommend the inclusion of projects in the regional programs. The MPOs shall have authority for determining whether any of the project nominations or recommendations for federal funding are accepted and included in the regional programs. This authority extends only to a project located within the MPO's jurisdiction.

(3) Projects included in the regional programs shall be consistent with the regional transportation plan adopted by the MPO. The regional programs shall demonstrate how projects are consistent with the State transportation plans.

(4) Projects shall be prioritized for inclusion in the programs using a measurement system and the criteria established by the regional transportation plan.

(5) The Department shall provide assistance to MPOs in preparing the regional programs, at the request of the MPO.

(d) Fiscal year 2012 statewide program. After consultation with the MPOs, the Department shall prepare, by no later than April 6, 2011, and the first Wednesday in each April thereafter, an annual program of surface transportation capital projects and their anticipated costs proposed for funding in whole or in part from appropriations made by the State for fiscal year 2012 and each year thereafter. The fiscal year 2012 statewide program required by this subsection shall, so much as is practicable, comply with the objectives of this Law. The Committee shall review and provide comments on the fiscal year 2012 statewide program by no later than 30 days after the annual program publication.

(20 ILCS 2705/2705-221 new)

Sec. 2705-221. Inclusion in transportation improvement program. The transportation improvement program the Department must develop pursuant to 23 U.S.C. 135 may include only projects that have been prioritized for inclusion in a regional or statewide program by an MPO or the Department pursuant to this Law. It is not the intent of this Section to interfere with administrative changes to the Transportation Improvement Program, but only to ensure that all included projects undergo the process prescribed by this Law.

(20 ILCS 2705/2705-222 new)

Sec. 2705-222. Public involvement and accountability.

(a) The Department and the Committee shall provide timely and clear information and accountability to the public and shall engage the public when making State transportation decisions and recommendations. The Department shall elicit the public's views both with respect to adequate transportation services and appropriate means of minimizing the adverse social, economic, environmental, and energy impacts of transportation programs. All documents listed in this Law shall be made publicly available for distribution in print and on the Department's website.

(b) The Department and the Committee shall provide the opportunity for public comment throughout the State prior to the development and completion of the statewide transportation plan and the statewide multi-year program. Public comment may be solicited through various methods, including, but not limited to, hearings, focus groups, surveys, and feedback on draft plans.

(c) The Department, in consultation with the Committee, shall publish in its publication "For the Record" and deliver to the Governor and the General Assembly by November 1 of each year a report on all modes of transportation that shall include the following:

(1) All the projects accomplished in the previous fiscal year listed by each Illinois Department of Transportation District.

(2) The award cost and the beginning dates of each listed project.

(3) A summary of the Department's prior-year decisions in allocating transportation capital outlay appropriations and identifying timely and relevant transportation issues facing the State of Illinois.

(4) Statewide and for each district, a description of any project receiving an appropriation from the General Assembly that was not included in the statewide program.

(5) An explanation and summary of major policies and decisions adopted by the Department and the recommendation of the Committee during the previously completed State and federal fiscal year, with an explanation of any changes in policy associated with the performance of the Department's duties and responsibilities over the past year.

(6) A review of the progress made in achieving the State transportation goals.

(7) Statewide and for each district, the total of program accomplishments in dollars, number of miles, number of bridges, and number of transit projects.

(8) Statewide and for each district, the current condition of roadway miles and bridges for roads and bridges under State jurisdiction.

(d) All MPOs shall publish and deliver to the Department by October 1 of each year a "For the Record" report that shall include the following:

(1) A list of all projects accomplished in the previous fiscal year, their award costs, and their beginning dates.

(2) An explanation and summary of changes in major policies, goals, objectives, performance measures and criteria that were adopted by the MPO during the previous fiscal year.

(3) A review of the progress made in achieving the goals and objectives of the State transportation plan and the MPO regional transportation plan.

(20 ILCS 2705/2705-223 new)

Sec. 2705-223. Evaluation.

(a) The Committee shall evaluate the effectiveness of the processes and procedures established by this Law to ensure that they contribute to a well-coordinated and cost-effective transportation system. The Committee shall recommend changes as needed to the General Assembly and the Governor.

(b) Every 2 years, the Auditor General shall review the performance of the Department to assure the Department is meeting the requirements of this Law.

Section 99. Effective date. This Act takes effect upon becoming law.